October 26, 2018

NMHC/NAA and the National Leased Housing Association (NLHA) submitted comments on October 15 on how best to revise the Affirmatively Furthering Fair Housing (AFFH) rule in a way that will reduce obstacles to the development of additional housing and to promote creation of urgently needed multifamily housing around the country.

Affirmatively Furthering Fair Housing (AFFH) is a legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing Act. NMHC/NAA strongly support the Fair Housing Act and the mission of the Affirmatively Furthering Fair Housing regulations but have long advocated for changes to AFFH that focus on growth, expanding supply, eliminating regulatory burdens and correctly addressing housing affordability in every community.

In a letter to HUD in 2013, NMHC/NAA raised several concerns that the AFFH regulations could actually make it more difficult to develop multifamily housing, and many of those concerns came to pass. For this reason, NMHC/NAA flagged the AFFH regulation as one of several regulations that should be reviewed by the Trump Administration.

Secretary Carson, in HUD's August Notice announcement, acknowledged the fact that the current AFFH rule could be impeding the creation of more affordable housing rather than helping to expand the supply: “It is ironic that the current AFFH rule, which is designed to expand affordable housing choices, is actually suffocating investment in some of our most distressed neighborhoods that need our investment the most.”

In addition to submitting comments on AFFH, NMHC/NAA were invited to participate in a series of listening sessions held in August and September regarding AFFH as it relates to regulatory barriers for housing production and preservation. These sessions were held in Boston, Seattle, Denver and Washington, D.C.

We will continue to work with HUD as they seek to revise the regulations and to address the growing affordability crisis facing communities across the country. For more information on AFFH, please visit our Fair Housing advocacy page.